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4 The Right to a Fair Trial and Jurisdiction under the EU Rules

James J. Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

From: Human Rights and Private International Law

James Fawcett, Máire Ní Shúilleabháin, Sangeeta Shah

Content type:
Book content
Product:
Private International Law [PRIL]
Series:
Oxford Private International Law Series
Published in print:
23 June 2016
ISBN:
9780199666409

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 March 2023

Subject(s):
Family law — EU Rules — Traditional rules — Judgments and orders

This chapter examines the impact of the right to a fair trial on jurisdiction under EU rules. The constitutional justification for the introduction of harmonised rules of jurisdiction is to ensure effective access to justice within the EU. The link between access to justice and more generally the right to a fair trial is most apparent in procedural instruments such as the Small Claims Procedure Regulation and the Service Regulation. Indeed, the right to a fair trial has had an impact on specific provisions when denial of jurisdiction results in no trial anywhere, leading to the introduction of a forum necessitatis rule in a number of EU instruments.

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